Artist sues over handcuffing, police conduct

By Hector Gutierrez, Rocky Mountain News (Contact)

Published October 8, 2008 at 12:05 a.m.

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A graphic artist filed a lawsuit Tuesday against three Denver police officers, alleging that they broke his nose and caused permanent nerve damage to his hands after he was handcuffed in lower downtown last October.

Eric Winfield says he was not involved in any disturbance or criminal activity before the officers confronted him outside a LoDo restaurant Oct. 28, 2007.

Ultimately, Winfield was not charged with a crime by the district attorney, according to his complaint filed by lawyer Alan G. Molk.

Winfield was walking with friends near Market and 17th streets when a bouncer from Le Rouge allegedly shouted at officers and pointed at Winfield, "That's him; he's the one," according to the lawsuit.

Officers Thomas Johnston, Glenn Martin and Antonio Milon then threw Winfield into a car and then down on the pavement where he hit his face, the suit alleges.

While down, the officers repeatedly kneed Winfield in the groin and punched him in the head, according to the suit.

The officers kept handcuffs on Winfield for more than seven hours despite his pleas to loosen the cuffs. The nerve damage to his hands from the cuffs is "damaging to his profession as a graphic artist," according to the complaint.

The suit also names the city, the Denver Police Department and Le Rouge as co-defendants.

"On behalf of the city attorney's office, while we take any matter such as this very serious, we have not seen the filing," Sue Cobb, Mayor John Hickenlooper's spokeswoman, said.

• October 8, 2008

  1:02 a.m.

  Suggest removal

  informationmunky writes:

  Am I alone in thinking this a good nomination for the Darwin Award??, well this, and the Freezer lady..

• October 8, 2008

  2:25 a.m.

  Suggest removal

  Further13 writes:

  These bastardos all forget who pay their salaries... the cops, the bouncers and the club owners alike. I understand that amongst the mist of people they all face, it's hard to tell the bad guys from the good, but sitting on their bouncer stools, hiding in their office or walking to and fro up and down Market St. is not nearly as hard. It's about time that they all realize that the environment, money and jobs that they've created for themselves is lucrative not because it's easy. Face facts and when you screw up, take responsibility.

• October 8, 2008

  7:17 a.m.

  Suggest removal

  sheepherder writes:

  Further, are you really buying into this guy and his lawyers story?!

• October 8, 2008

  7:23 a.m.

  Suggest removal

  dgodrummer writes:

  Here comes another expensive lawsuit that could have been avoided simply by doing some basic, common "police work"; ya know, accessing the situation, asking appropriate questions, talking to the bouncer and then talking to the "suspect". These cop's "reactions" will cost the city and tax payers several hundred thousand or possible millions of dollars. If the cops had the "wrong" guy I hope they loose their jobs, are fined a hefty amount; their actions and behavior put on their "records", so they may never get another job in a position of power like law enforcement again (we see how these individuals abused their power, responsibility and oaths)
  These actions only create a bad reputation for the cops doing great work and serving with responsibility, honor and respect for their positions and power.That all said I have little hope justice will reign in this case, it rarely does when involving misbehaving cops.

• October 8, 2008

  7:47 a.m.

  Suggest removal

  Romanesco writes:

  Rather than jump to conclusions from a poorly written "news" article, let the parties involved have their day in court, and we'll go from there.

• October 8, 2008

  8:04 a.m.

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  sheepherder writes:

  Agreed Romanesco...but I just can't help being skeptical of any statement issued by a lawyer these days...

• October 8, 2008

  8:08 a.m.

  Suggest removal

  MtnColoSteve writes:

  I'm with Romanesco - let them have their day in court.

  Also for all we know his "graphics artist profession" might be a glorified term for graffiti "artist". Hard to tell anymore - look at how the term immigrant has become a politically correct description of illegal alien.

• October 8, 2008

  8:56 a.m.

  Suggest removal

  redsoxfan1 writes:

  Everybody assumes:1) that the article is correct 2) that the "artist" is telling the truth 3) that the authur of the story is not biased and 4) that the police did something wrong,just because they are police. After reading the article I have not found any facts just allegations.
  Romanesco has it right, let them investigate first and then go to court. People you think that this is aggresive behavior by the Denver police? Nothing is more aggressive and "dirty" than being the agents of illegal behavior. They help harbor illegal aliens,that's right I called then what they are. As far as "Hinky"-looper''s admin. is concerned, Denver is under "martial law" and they can do whatever, whenever and to whomever they want. All they need is a desire and a corrupt DA to back them up. Mission accomplished!!!

• October 8, 2008

  9:27 a.m.

  Suggest removal

  fefe writes:

  and what the H--- hmmmmm not even a where was he born comment ,hmmmm guess it don't matter with our trigger happy , hostile angry so called people protectors DPD does it ! Clanorodo's doesn't even matter does it !!!!!

• October 8, 2008

  10:01 a.m.

  Suggest removal

  Consonance writes:

  I hope we do find out how this plays out in court. If this man's career was destroyed as he says and he is innocent as he says, he should get compensation. I agree with those who think a few questions were in order before the cops started slamming people around. Anyone who has been wrongly accused should certainly know that the cops are not always right just because they are cops.

• October 8, 2008

  10:16 a.m.

  Suggest removal

  BigSky182 writes:

  If it happened the way that this article claims it happened, then I say the suit is justified.

  I think that's a pretty big IF. I find it unlikely that the man would have been handled roughly unless he were resisting arrest.

  Not impossible, just unlikely.

• October 8, 2008

  1:05 p.m.

  Suggest removal

  sheepherder writes:

  Oh god! Duncan and his rhetoric again! You need a hobby brother!

• October 8, 2008

  1:34 p.m.

  Suggest removal

  sheepherder writes:

  Once again...duncan bores me with his flase assumptions and innuendo....

• October 8, 2008

  1:35 p.m.

  Suggest removal

  sheepherder writes:

  sheepdip=law abiding citizen, not worried about getting beaten by the cops.

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